No. 23-1285

Shawn T. Swindell v. Kenneth Bailey

Lower Court: Eleventh Circuit
Docketed: 2024-06-07
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 4th-amendment civil-rights exigent-circumstances fourth-amendment law-enforcement-entry misdemeanor misdemeanor-arrest payton-rule payton-v-new-york probable-cause qualified-immunity
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

1. Was it clearly established in 2014 that a law enforcement officer violates the Fourth Amendment when he witnesses a person commit a misdemeanor offense in public view and immediately pursues the fleeing misdemeanant into a home to arrest that person, but without exigency apart from the pursuit?

2. Where a jury has determined that a misdemeanor arrest was supported by probable cause and was initiated outside of a residence, is the deputy effectuating the arrest entitled to qualified immunity under the Fourth Amendment where he instantaneously follows the arrestee into a home to complete the arrest?

3. Where a circuit court of appeals denies qualified immunity to a deputy sheriff for entry into a home to make an arrest based on the specific question of where the arrest was initiated – inside or outside – and a jury subsequently determines that the arrest was initiated outside, may the circuit court of appeals reject that finding of fact and substitute its own finding that the arrest was initiated inside the home so as to once again deny the deputy qualified immunity?

Question Presented (AI Summary)

Was the entry into the home to arrest the misdemeanant clearly established as unconstitutional?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-21
DISTRIBUTED for Conference of 9/30/2024.
2024-08-16
Reply of Shawn Swindell submitted.
2024-08-16
2024-08-02
Brief of Kenneth Bailey in opposition submitted.
2024-08-02
2024-07-09
Response Requested. (Due August 8, 2024)
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-06-11
Waiver of right of respondent Kenneth Bailey to respond filed.
2024-06-04
Petition for a writ of certiorari filed. (Response due July 8, 2024)

Attorneys

Kenneth Bailey
Margaret Eleanor KozanMargaret E. Kozan, P.A., Respondent
Keith William WeidnerTaylor, Warren, Weidner, Hancock & Barnes, PA, Respondent
Shawn Swindell
Thomas Walter PoultonDeBevoise & Poulton, P.A., Petitioner